A preliminary examination of these claims revealed that some, but not all, of the Kuwaiti companies in issue had filed claims with the Commission, which were being processed as E4 claims.

The Commission received information from the Governments of the Philippines, India and Jordan that claims, which they had submitted in category A , were potentially duplicate claims.

A preliminary examination of these claims also revealed that in some instances the Kuwaiti companies in question had filed separate claims with the Commission, which were being processed as E4 claims. However, there were a number of instances where the Kuwaiti company had not filed a separate claim with the Commission.

In connection with the claims by governments for loss of life and reduced quality of life of their nationals, Iraq asserts that the claims are inadmissible because the Claimants concerned lack legal standing to bring such claims before the Commission.

Moreover, the Indian Claims Commission is an advisory body whose recommendations are not binding upon the federal government.

Following the technical missions, the Panel checked whether the auditing firms had themselves filed claims with the Commission.

Claims preparation costs The Panel has been informed by the Executive Secretary of the Commission that the Governing Council intends to resolve the issue of claims preparation costs in the future.

It should be noted that, when notifying the Commission of these duplicate claims, the Governments returned to the Compensation Fund the full amount of the awards issued for such duplicate claims.

He claims that the unsatisfactory situation at the Commission he portrayed in his communication was that occurring at the time his complaint was considered by the Commission.

The Commission then advised these individual claimants to resubmit their claims for business losses on category D claim forms.

It should be noted that, when notifying the Commission of these duplicate claims, the Government of Jordan returned to the Compensation Fund the full amount of the award issued for the duplicate claims.

However, the electoral commission finally ratified the results and confirmed that Al Maliki claims are found to be not true.

The Governing Council determined that all of the claims were to be filed with the Commission by 31 March 2004.

The Commission received written comments from Iraq on the claims on 23 and 30 August 2004 and 29 October 2004.

All of the individual Palestinian claims in this instalment have been determined by the Palestinian Panel of Commissioners to be eligible for inclusion in the late claims programme, since those claimants have established that they did not have a full and effective opportunity to file claims with the Commission within its regular filing period for individual claims.

All of the individual Palestinian claims in this instalment have been determined by the Palestinian Panel of Commissioners to be eligible for inclusion in the late claims programme, since those claimants have established that they did not have a full and effective opportunity to file claims with the Commission within its regular filing period for individual claims.

The Commission becomes active as four coastal States have submitted their claims under article 76 of the Convention and a number of countries have indicated the coming submission of their claims between 2005 and 2008.

It should be noted that, when notifying the Commission that these claims should have been awarded the lower amount, the Governments concerned returned to the Compensation Fund the excess amount previously awarded in respect of these claims.

In the view of the Panel, a possible reason for the discrepancy in the numbers of refugees provided by Iran in its various claims before the Commission is that different periods were considered in the different claims.

Second instalment category A claims corrections Third instalment category A claims corrections Fourth instalment category A claims corrections Fifth instalment category A claims corrections Sixth instalment category A claims corrections First instalment category C claims corrections Fourth instalment category C claims corrections

The transfer of responsibilities from the Commission for Real Property Claims to the Bosnia and Herzegovina authorities was completed during the reporting period.

It should be noted that, when notifying the Commission that these claims should have been awarded the individual amount, the Government of the Philippines returned to the Compensation Fund the excess amount previously awarded in respect of these claims.

5.4 Thirdly, the State party observes that it would be open to the Williams Treaties First Nations to seek the assistance of the independent advisory Indian Claims Commission in resolving a dispute in their claims negotiations with the federal government.

The Commission is not a court or an arbitral tribunal before which the parties appear it is a political organ that performs an essentially fact finding function of examining claims, verifying their validity, evaluating losses, assessing payments and resolving disputed claims.

The fourthsecond group of overlapping claims initially consisted of E4 claims related to 39seven category C claims and 24 category C and D claims.

Claims

The average number of loss types is 3.14 for the claims in this instalment, compared with 2.01 for all claims in the regular category D claims programme, 1.93 for Jordanian claims and 1.71 for Kuwaiti claims.

Following informal discussions with the Governing Council in late 1994, the Commission informed those individuals that they were not eligible to file claims on behalf of the companies in question and advised them to resubmit their claims for business losses on category D claim forms.

Duplicate claims

Concerning the issue of duplicate claims, the secretariat indicated that it was aware of the risk of duplicate claims from the outset of claims processing and took steps to identify and eliminate such claims during the course of claims processing.

Perhaps the most bizarre of Simpson s claims that are quoted by Berry is that the Social Security Commission of 1983 never knew there was a baby boom....

(ii) United Nations Compensation Commission, report and recommendations made by the Panel of Commissioners concerning the third instalment of F4 claims (S AC.26 2003 31, glossary)

UNHCR also included in its activities other institutions, such as the Iraqi Property Claims Commission and the Kurdistan Regional Government, as well as NGOs and other partners.

It was acknowledged that the Commission, like the International Court of Justice in the Barcelona Traction case, had the overall objective of avoiding situations of overlapping claims.

review of non overlapping claims in the FOURTHsecond group of overlapping claims

These E4 claims were considered in the second instalment of E4 claims.

Of these claims, the Panel recommends awards of compensation for two claims, while no awards are recommended for the remaining 16 claims.

The average amount claimed for the claims in this instalment is about USD 2 million, compared to about USD 820,000 for all claims, about USD 934,000 for Jordanian claims and about USD 861,000 for Kuwaiti claims in the regular category D claims programme.

Recalling that pursuant to articles 38 (a) and (b) of the Provisional Rules for Claims Procedure (S AC.26 1992 10), the Governing Council encouraged the adoption of consolidation and other administrative procedures to facilitate the resolution of nearly 2.7 million claims filed with the Commission,

The Panel has been informed by the Executive Secretary of the Commission that the Governing Council intends to resolve the issue of claims preparation costs in the future.

Admissibility of claims

(e) Medical claims

Stand alone claims

Of the 24 company claims in this instalment, 19 are stand alone claims four are corporate detainee claims and one is an E2 claim.

These claims have been recognized only between the countries making claims in the area.